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NEWSPAPER READERS SERV. v. CANONSBURG POTTERY CO.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA


November 5, 1948

NEWSPAPER READERS SERVICE, Inc.
v.
CANNONSBURG POTTERY CO.

The opinion of the court was delivered by: MCVICAR

The report of the special master to whom the case was submitted found in effect as follows:

(A) The Court has jurisdiction of the subject matter and the parties.

 (B) There was a valid written contract dated August 6, 1942, as set forth in Exhibit 'A' and accepted in Exhibit 'B,' between Canonsburg Pottery Company and S. R. Taylor trading as S. R. Taylor Company, providing, as therein more fully set forth, for the sale by defendant, Canonsburg Pottery Company, to Taylor of two carloads of dinnerware per week beginning approximately September 1, 1942, for a period of one year and any extension to complete contract obligations of Taylor.

 (C) Said written contract expressed and implied the whole agreement of the parties to the exclusion of any prior or contemporaneous oral agreement.

 (D) Said contract is not vitiated by any fraud on the part of S. R. Taylor.

 (E) The assignment by S. R. Taylor to the plaintiff, Newspaper Readers Service, Inc., dated August 12, 1942, Exhibit 'M,' was a valid and effective assignment of all of Taylor's right, title and interest in and to said contract, but it is not intended hereby to express any conclusion respecting the question whether plaintiff would or would not be entitled under the contract to require the delivery of any dinnerware after the end of the contract year.

 (F) The defendant breached said contract by refusing to deliver any dinnerware to the plaintiff as required by the contract.

 (G) The measure of damages for the breach of the contract is to be determined by the law of Pennsylvania.

 (H) The loss of profits which the plaintiff might have gained by selling such dinnerware in the manner and by the means contemplated by the plan which the plaintiff adopted and intended to follow was, in the circumstances, too remote to be deemed a loss directly and naturally resulting, in the ordinary course of events, from defendant's breach of the contract, and damages measured by such loss cannot be awarded.

 (I) No evidence having been offered to show damages measured otherwise than by the profit which plaintiff might have gained by selling the dinnerware in the manner and by the means above mentioned, substantial damages cannot be awarded.

 (J) The plaintiff is entitled to recover, for the defendant's breach of the contract, nominal damages with costs.

19481105

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